International Trade

  • July 30, 2015

    Obama Nominates Mass. Associate Justice, 2 Others For CIT

    President Barack Obama nominated a diverse slate of three, including a Stewart and Stewart partner, the CEO of Titanium Law Group LLC and an associate justice for the Massachusetts Appeals Court, to join the United States Court of International Trade on Thursday.

  • July 30, 2015

    Drinker Biddle Left Whirlpool Exposed To Tariffs, Suit Says

    Whirlpool Corp. on Tuesday slapped Drinker Biddle & Reath LLP with a legal malpractice suit in Illinois court, alleging an international trade partner at the law firm failed to steer the company clear of hefty anti-dumping duties on Chinese parts imported for its appliances.

  • July 30, 2015

    Senate Warned Not To Impose Unilateral Sanctions On Iran

    Two experts cautioned the U.S. Senate against going at it alone on renewed Iran sanctions on Thursday, delivering testimony as Congress takes stock of American sanctions efforts and a landmark agreement to stem the Middle Eastern nation's nuclear capabilities.

  • July 30, 2015

    9th Circ. Won't Revive Challenge To US Shipping Law

    The Ninth Circuit on Thursday affirmed the dismissal of a class action that was aimed at invalidating the Jones Act, a law designed to help the American shipping industry that the plaintiffs had claimed caused the price of goods in Hawaii to soar by creating a de facto shipping duopoly in the state.

  • July 30, 2015

    Bio-Rad Says Former GC Was Fired For 'Abusive' Conduct

    Bio-Rad Laboratories Inc. told a California federal court Tuesday that its general counsel was fired because of “abusive and damaging conduct,” not because he reported his suspicion that company brass were bribing Chinese officials as alleged in the legal officer’s retaliation lawsuit.

  • July 30, 2015

    Senate Energy Panel OKs Reforms, End To Oil Export Ban

    The U.S. Senate Committee on Energy and Natural Resources on Thursday advanced a broad bipartisan energy reform package, as well as a bill that would lift the decades-old ban on U.S. crude oil exports.

  • July 30, 2015

    Vietnamese Shrimp Importer Gets Higher Anti-Dumping Duty

    The U.S. Court of International Trade ruled Thursday that a Vietnamese shrimp importer can’t rescind a federal court order it won compelling the U.S. Department of Commerce to review its duty rate just because it wants to maintain an old rate, ordering the company to pay a new anti-dumping duty that is about six times its original rate.

  • July 30, 2015

    Ex-Im's End May Move Boeing Operations Abroad: Chairman

    Boeing Co.'s chairman on Wednesday slammed Republican lawmakers for continuing to stymie the reauthorization of the Export-Import Bank of the U.S. and said his company will consider moving certain parts of its business abroad if the embattled export credit agency continues to languish.

  • July 30, 2015

    Corporate Tax Code Needs Reform, Senate Panel Hears

    A host of business leaders on Thursday lobbied a U.S. Senate committee for relief from high corporate tax rates, saying the current system pressures them to relocate overseas and makes their companies vulnerable to buyouts by foreign rivals.

  • July 30, 2015

    Drywall Cos. Say No Need To Delay Injunction Ruling In MDL

    A group of Chinese drywall companies that are defendants in multidistrict litigation in Louisiana federal court on Wednesday said there's no reason to grant the plaintiffs' bid to delay a ruling from the controlling judge on the scope of an injunction he ordered — a clarification requested by a related company involved in separate litigation. 

  • July 30, 2015

    Dem Reps. Want Proof Of Compliance Before TPP Goes Live

    A bevy of Democrats in the U.S. House of Representatives on Wednesday urged the White House to verify that all parties to the Trans-Pacific Partnership have complied with the deal before it is enacted, particularly emphasizing the TPP's rules governing labor, the environment and telecommunications.

  • July 29, 2015

    Fed. Circ. Asked Again To Rehear Anti-Dumping Payout Appeal

    A pair of ball bearing makers tried again Tuesday to convince the Federal Circuit to rehear their constitutional challenge to an expired federal law providing direct payments of anti-dumping duties to affected producers, the latest attack against a contentious law that the circuit court has repeatedly upheld.

  • July 29, 2015

    House OKs $8B For Highways, $3B For VA In Short-Term Fix

    The U.S. House of Representatives passed a short-term, $8 billion highway funding patch Wednesday that also authorizes $3.35 billion in funding for health care for military veterans, as the Senate moved forward again with its own long-term highway bill.

  • July 29, 2015

    US Must Curb Spending Or End Up Like Greece, Expert Says

    Though the U.S. economy dwarfs Greece's, lessons from the Greek financial crisis show that the U.S. needs to rein in debt and spending to avoid becoming mired in a perpetually sluggish economy, an expert told a Senate panel Wednesday.

  • July 29, 2015

    House GOP Signals Customs Bill Will Slip Past Recess

    House Ways and Means Committee Chairman Paul Ryan, R-Wis., said Wednesday that a bicameral conference to settle differences between two versions of a customs enforcement bill, including on currency manipulation and duty evasion, will have to wait until after the August legislative recess.

  • July 29, 2015

    Vasco Faces Investor Class Action Over Illegal Iran Sales

    Vasco Data Security International Inc. was hit with a proposed class action in Illinois federal court Tuesday by an investor who says the Internet security company hid the fact that some of its products may have been sold to the Iranian government in violation of U.S. sanctions.

  • July 29, 2015

    US Hits Canadian Paper With Preliminary Import Duties

    The U.S. Department of Commerce on Tuesday ruled that the Canadian government has given illegal subsidies to its producers of glossy paper used in magazines and catalogs, giving a green light to initial tariffs on the goods in a case that has attracted high-level political interest on both sides of the border.

  • July 29, 2015

    US Steelmakers File Massive Trade Case Against 8 Nations

    A coalition of domestic steel producers on Tuesday lodged an immense trade complaint with the U.S. government, demanding remedial tariffs on steel products used in the automotive and construction industries originating from eight trading partners, including China, South Korea and Brazil.

  • July 28, 2015

    Chinese Wood Cos. Sue US Over Increased Dumping Duties

    Two Chinese exporters of multilayered wood flooring hit the United States with a lawsuit Tuesday claiming that the U.S. Department of Commerce erred in determining unreasonably high anti-dumping margins in its most recent review of such imports from the country.

  • July 28, 2015

    Ex-Teva Exec. Blames Firing On FCPA Probe Cooperation

    The former director of finance for Teva Pharmaceutical Industries Ltd.'s Latin America region sued the company Tuesday for allegedly firing her after she began cooperating with federal authorities on a Foreign Corrupt Practices Act investigation.

Expert Analysis

  • Cuba, Si! Trade With Cuba, Todavia No

    Burt Braverman

    There has been much fanfare surrounding the re-establishment of diplomatic relations with Cuba, but for U.S. businesses anxious to establish commercial beachheads for the sale of goods and technology, the reality is much the same as it has been since 1982 when Cuba was first designated as a State Sponsor of Terrorism, says Burt Braverman at Davis Wright Tremaine LLP.

  • Why Investors Are Worried About Intra-EU BITs

    Tomas Varga

    The European Commission recently initiated infringement proceedings against five European Union member states for intra-EU bilateral investment treaties that were allegedly incompatible with EU law. Neither the states concerned nor the potential investors likely to be affected by these proceedings are particularly content about this development, says Tomas Varga at Faegre Baker Daniels.

  • Screened Selection In Party-Appointed Arbitrations

    Charles B. Rosenberg

    The International Institute for Conflict Prevention & Resolution's screened selection process for party-appointed arbitrators is a simple compromise between the positions of those who believe the existing system of party appointments should remain unchanged and those who would overhaul the system, say Charles Rosenberg of White & Case LLP and Olivier Andre of the International Institute for Conflict Prevention & Resolution.

  • How Beneficial Is GSP Reauthorization For Businesses?

    Kate Stillman

    The Trade Preferences Extension Act of 2015 was recently signed into law, retroactively reauthorizing the Generalized System of Preferences. However, the brevity of the window to recover overpaid duties and to participate in reviews of GSP designations reveals larger structural concerns that raise questions about whether the program ultimately achieves its original objectives, say Dean Barclay and Kate Stillman at White & Case LLP.

  • Summa Holdings May Undermine Tax Benefits Of DISCs

    Jeffrey L. Rubinger

    An interest charge domestic international sales corporation requires no nontax business purpose, and almost by definition exists only for tax reasons. But based on the Tax Court holding in Summa Holdings Inc. v. Commissioner, it is questionable whether ownership of a DISC by any person that is not subject to full U.S. taxation remains viable, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.

  • This Week In Congress: Continuing Resolution Looms

    Richard A. Hertling

    Highway funding remains at an impasse this week, as House and Senate debates continue. Iran also remains a major focus, with only 60 days for Congress to review the nuclear agreement reached earlier this month. Meanwhile congressional leaders have finally acknowledged what has been clear all along — efforts to fund the government past Sept. 30 have failed, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • Pros And Cons Of CBP's Offer To Help With Customs Disputes

    Lars-Erik A. Hjelm

    U.S. Customs and Border Protection recently offered to help U.S. exporters resolve disputes with foreign customs agencies. While this could be an important and efficient tool that U.S. exporters can use to reduce their duty exposure around the world, there are pros and cons to every situation, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • EU InnoLux Ruling Affirms Potential For Higher Cartel Fines

    Matteo Bay

    The recent ruling by the EU Court of Justice in InnoLux Corp. v. European Commission confirmed that the commission is in specific circumstances permitted to take into account non-European Economic Area sales of cartelized inputs, but the decision is surprisingly limited in its analysis of jurisdictional issues, say attorneys with Latham & Watkins LLP.

  • Low Levels Of FCPA Enforcement Continued In Q2

    Marc Bohn

    Unless the pace of Foreign Corrupt Practices Act enforcement picks up considerably, as it did last year, 2015 is on track to be the lowest year in terms of resolved dispositions since 2005, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.